At least one expert said the Constitutional Court could be trying to factor in all local and international aspects of detaining or jailing a person before handing down its ruling. jacobzuma ConCourt prison
The directive prompted leaders of the Free Jacob Zuma campaign like Carl Niehaus to say that the court may have realised that the “illegal detention of Zuma” without a trial “has far-reaching consequences”.
“Using its own rules, the Constitutional Court has the ability to issue directives on any matter before it, just like they did earlier, when it called upon the former president as to what type of punishment or mitigation the court should consider before pronouncing the matter that landed him in jail… So I am not alarmed by what they are asking for. So what the court would do is say we want to make sure that you are looking at things from a proper perspective.
“This covers the right not to be punished without a trial, and the definition of a fair trial as per section 35 of the constitution. We are looking at it, vis-à-vis, the international part of guidelines that have been offered to us by the international bodies which we are treaties to… So if that is the case then we will have to look at how close we are in terms of the practices...
“I have no idea what ConCourt is expecting. will probably only be clear once we see the judgment,” he said.
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